Sec. 2. (a) The responsible party, at all times after transfer
of the deed to the responsible party, shall:

(1) Perform the duties imposed by K.S.A. 2-1314 and amendments
thereto along the recreational trail;

(2) provide for the safety, use and accessibility of existing
easements, utility facilities and access licenses along the
recreational trail;

(3) provide for trail-user education and signs regarding
trespassing laws and safety along the recreational trail;

(4) provide for litter control and the enforcement of laws
prohibiting littering along the recreational trail, including but
not limited to trail-user education and signs about laws
prohibiting littering and the provision of trash receptacles and
the cleanup of trash and litter;

(5) develop and maintain the recreational trail in a condition
that does not create a fire hazard;

(6) designate the recreational trail for nonmotorized vehicle
use with exceptions only for motorized wheelchairs and maintenance,
law enforce- ment and emergency vehicles;

(7) prohibit hunting or trapping on or from the recreational
trail;

(8) provide for law enforcement along the recreational
trail;

(9) grant easements to adjacent property owners to permit such
own- ers to cross the recreational trail in a reasonable manner
consistent with the use of the adjacent property and with K.S.A.
66-301 through 66-303, and amendments thereto;

(10) (A) maintain any existing fencing between the trail and
adjacent property; (B) maintain any future fencing installed
between the trail and adjacent property; (C) install between the
trail and adjacent property fencing corresponding in class to that
maintained on the remaining sides of such adjacent property; and
(D) on request of an adjacent property owner, pay one-half the cost
of installing fencing between the trail and such property owner's
adjacent property with a fence of the class re- quested by such
property owner, if not all remaining sides of such prop- erty are
fenced; and

(11) (A) maintain the trail; (B) maintain all bridges, culverts,
roadway intersections and crossings on the trail, essential to the
reasonable and prudent operation of the trail or needed for
drainage, flood control or the use of easements for crossing the
trail between adjacent properties, or cause maintenance thereof by
other parties that have assumed con- tractual responsibility
therefor; and (C) install and maintain any warranted traffic signs
on the trail.

(b) If the responsible party is not a governmental entity, the
respon- sible party shall file with the county clerk of each county
where a portion of the recreational trail is or will be located a
bond or proof of an escrow account in a Kansas financial
institution, as defined by K.S.A. 16-117 and amendments thereto,
payable to the county. The bond or proof of an escrow account shall
be filed at the time of transfer of the deed to the responsible
party and annually thereafter. The bond or escrow account shall be
conditioned on the responsible party's performance, and shall be in
an amount agreed upon between the responsible party and the county
commission as sufficient to fully cover the annual costs, of:

(1) Weed control along the trail, as required by subsection
(a)(1);

(2) litter control along the trail, as required by subsection
(a)(4);

(3) maintenance of the trail in a condition that does not create
a fire hazard, as required by subsection (a)(5);

(4) installation and maintenance of fencing between the trail
and ad- jacent property within the county, as required by
subsection (a)(10); and

(5) installation and maintenance of signs along the trail, as
required by subsections (a)(3), (a)(4) and (a)(11)(C).

If separate bonds are submitted to or escrow accounts
established for the various counties through which the trail
transverses, the annual costs listed above shall be only for that
portion of the trail located within the particular county that is
the holder of the bond or beneficiary of the escrow. A responsible
party may submit a single bond or escrow account with multiple
counties respectively as coobligees or cobeneficiaries, but in that
event the annual costs used in computation of the bond amount shall
be for the entire trail length.

(c) If the responsible party is not a governmental entity, the
respon- sible party shall file with the county clerk of each county
where a portion of the recreational trail is or will be located,
proof of liability insurance in an amount agreed upon between the
responsible party and the county commission as sufficient. Such
proof shall be filed at the time of transfer of the deed to the
responsible party and annually thereafter.

(d) The provisions of this section shall apply to all
recreational trails, regardless of when approval to enter into
negotiations for interim trail use is or was received from the
appropriate federal agency.

(e) The provisions of this section may be modified or
supplemented by any city governing body for recreational trails
within the corporate limits of such city in the manner provided by
K.S.A. 12-137 et seq. and amendments thereto. If a city
governing body adopts requirements in addition to those provided by
this section, the city shall pay all costs of compliance with such
additional requirements.

Sec. 3. (a) Upon receipt of permission from the appropriate
federal agency to enter into negotiations for interim trail use,
the responsible party shall give written notice to each adjacent
property owner that the responsible party intends to build a
recreational trail adjacent to the prop- erty owner's property. The
responsible party may utilize the addresses to which real estate
tax statements are sent, as maintained by county officials, for
such notices. Such notice shall be given by first-class mail unless
the notice is returned undelivered, in which case a further notice
shall be given by certified mail. Such notice shall be published
once each week for three consecutive weeks in the official
newspaper of the county in which such trail is proposed to be
located.

(b) Before commencing development or operation of a recreational
trail, the responsible party shall:

(1) Prepare a project plan that includes: (A) The name and
address of the responsible party, (B) an itemized estimate of the
costs of the project and sources of funding for the project, and
(C) maps of the rec- reational trail;

(2) submit by certified mail, not later than 180 days after
receiving approval of interim trail use from the appropriate
federal agency, the initial project plan to the county commission
of each county where a portion of the trail is to be located
outside of city limits and to the gov- erning body of each city
where a portion of the trail is to be located inside the city
limits;

(3) submit the final project plan to the county commission of
each county where a portion of the trail is to be located outside
of city limits and make subsequent reports to such county
commission as to the status of trail development or operation, or
both, at intervals determined by the commission and consider all
recommendations the commission has re- garding the trail; and

(4) submit the final project plan to the governing body of each
city where a portion of the trail is to be located inside the city
limits and make subsequent reports to such city governing body as
to the status of trail development or operation, or both, at
intervals determined by the gov- erning body and consider all
recommendations the governing body has regarding the trail.

(c) The responsible party shall complete development of a
recrea- tional trail within a period of time equal to two years
times the number of counties in which the recreational trail is
located. Such period of time shall begin only when all cities and
counties have given final approval to the project plan as required
by subsections (b)(3) and (4) and the appeal period pursuant to
subsection (d) of 16 U.S.C. 1247 (1983) has expired. Any time
during which there is pending any court action challenging the
development or use of the trail shall not be computed as part of
the time limitation imposed by this subsection.

(d) The provisions of this section shall apply to only
recreational trails for which approval to enter into negotiations
for interim trail use is re- ceived from the appropriate federal
agency on or after the effective date of this act.

Sec. 4. An adjacent property owner has no duty of care to any
person using a recreational trail except that this section shall
not relieve an ad- jacent property owner from liability for injury
to another that is a direct result of such property owner's gross
negligence or willful or wanton misconduct.

Sec. 5. A city or county may institute procedures for recourse
against the responsible party pursuant to 16 U.S.C. 1247 (1983) and
49 C.F.R. 1152.29 (1986) upon the failure of the responsible party
to comply with the provisions of this act.

Sec. 6. If any provision of this act or the application thereof
to any person or circumstances is held invalid, the invalidity does
not affect other provisions or applications of this act which can
be given effect without the invalid provisions or application. To
this end the provisions of this act are severable.

Sec. 7. This act shall take effect and be in force from and
after its publication in the statute book.